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with as a consequence as an enemy combatant or enemy belligerent which would involve delaying his miranda rights. >> you don't want to turn over intelligence gathering over to a criminal attorney. under the law, there is no right to legal counsel when you are egg being questioned for national security purposes. i hope the obama administration will allow us that and they have a bad track record. >> and this is not the course the administration will take. they will take reading him his rights after national security exception has run out and prosecuting him in a federal court as well. >> molly: thank you. >> megyn: more breaking news. news reporting that federal charges have now been filed against the surviving suspect. though they are reportedly being filed under seal. that means we don't get to see them. they will have to let it's know what the charges are but perhaps not all the supporting information. in a case of this magnitude there is no way they are going to keep the charges private and not public. in other words, what exactly has he been charged with? a terrorist act, using weapons of mass destru
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